C.S.S.B. 933 78(R)    BILL ANALYSIS


C.S.S.B. 933
By: Shapiro
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, some parents have left the public school system for private
schools or home schools,  but might return if they were offered the
support of a content-rich curriculum, adaptive lessons,  and certified
teachers without losing the flexibility of home-based learning. C.S.S.B.
933 establishes virtual charter schools to be administered by public
senior colleges and universities.              

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of education in SECTION 1.02 (Section 12.153,
Education Code) and SECTION 2.01 (Section 12.153, Education Code) of this
bill. 


ANALYSIS

ARTICLE 1.  AMENDMENTS EFFECTIVE THROUGH AUGUST 31,  2009

C.S.S.B. 933 amends the Education Code to include a college or university
charter as provided by Subchapter E as a class of charter. The bill
defines "educational activity," and "virtual charter school."  

The bill authorizes the State Board of Education (SBOE), in accordance
with this subchapter or Subchapter D, to grant a charter on the
application of a public senior college or university for a virtual charter
school administered by a public senior college or university to operate
from an administrative office in the same county in which the campus of
the college or university is located. 
The bill authorizes SBOE to grant a total of not more than two charters
for virtual charter schools and the combined enrollment for the two
charter schools may not exceed 8,000 students. The bill provides that a
virtual charter school is part of the public school system and may not
discriminate in admissions based on race, sex, national origin, ethnicity,
religion, or disability. 

The bill authorizes the commissioner of education (commissioner) to adopt
rules to implement this chapter. The bill requires the commissioner to
adopt rules to administer virtual charter schools under this subchapter.
The bill requires the commissioner to determine the number of hours of
virtual charter school educational activities that are the equivalent of
one day of school attendance, for the purpose of charter school funding
under Section 12.106. The bill provides that the commissioner may not
grant a virtual charter school's request for a waiver from compliance with
a provision listed in Section 12.104.  

The bill provides that to be eligible for funding under this subchapter, a
virtual charter school must: 

_provide each student with access to a secular curriculum that meets or
exceeds state academic standards; 
_allow each student to work at a grade level other than the grade level in
which the student is enrolled; 
_assess each student's performance in each subject in the foundation
curriculum in which the student is enrolled; 
_ensure that a parent verifies the number of hours of educational
activities completed by the  student each school year; 
_make available to the parent a computer and printer, physical copies of
any instructional materials, and reimbursement for any fees related to
accessing the Internet for educational activities; 
_maintain a student/teacher ratio of not less than one teacher for each 60
students in average daily attendance; 
_give preference in enrollment to students with educational or medical
needs that require the student to receive educational services in a home
setting, except that preferential enrollment status may not be given to a
student who is in an alternative education setting because of the
student's suspension or expulsion; 
_to the extent possible, provide that at least 25 percent of the students
enrolled in the school are educationally disadvantaged; 
_provide general special education services under Subchapter A, Chapter
29; and 
_provide bilingual and special language program services under Subchapter
B, Chapter 29. 

The bill requires a virtual charter school student to complete at least
720 hours of educational activities each school year in grade two or lower
and at least 900 hours in grade three or higher. The bill requires virtual
charter school teachers to be appropriately certified, be available to
meet with the parent of each student enrolled in the teacher's class at
least four times each school year, and be reasonably available each school
day by electronic communication or other means. The bill requires a public
senior college or university that holds a charter for a virtual charter
school to conduct an annual evaluation of the school. 

The bill provides that a virtual charter school is entitled, for each
student in average daily attendance, to funding at a level equal to an
open-enrollment charter school. The bill provides that a virtual charter
school may not receive funding for a student if the student is not
administered an assessment instrument under Subchapter B, Chapter 39. The
bill authorizes the commissioner to grant a wavier from this requirement
on a student-by-student basis. 

The bill requires the commissioner, not later than December 1 of each
even-numbered year, to submit a report to the governor, the lieutenant
governor, and the speaker of the house a report which must include: 
_recommendations regarding virtual charter school funding mechanisms and
mechanisms designed to monitor student identification and participation; 
_information relating to the quality assurance and audit requirements;  
_recommendations regarding any need to develop or license specific
electronic courses for statewide use to ensure a cost-efficient increase
in student access to the recommended high school program, including any
estimated costs and resources necessary to make the courses available
statewide; 
_for each grade level, recommendations regarding the effectiveness and any
benefit to students, teachers, administrators, or school districts of
electronic courses; 
_the estimated number and cost to the state of private school and home
school students who are expected to participate in the virtual charter
school program during the two years following the date of the report; 
_the impact of the virtual charter school program on school districts and
campuses; and 
_recommendations regarding any limit on the number of universities that
may grant virtual charter schools, and students that may enroll in virtual
charter schools; and 
_information relating to the extent which virtual charter schools assist
school districts and the state in complying with the No Child Left Behind
Act.            

The bill provides that Sections 12.156(c), 12.157, 12.158, and 12.159
Education Code expire September 1, 2009. 

ARTICLE 2.  AMENDMENTS EFFECTIVE ON SEPTEMBER 1,  2009

The bill provides that effective September 1, 2009, Sections 12.151,
12.152, and 12.153, Education Code, are amended to read as follows: 

_Sec. 12.151.  DEFINITION.  In this subchapter, "public senior college or
university"  has the meaning assigned by Section 61.003. 

_Sec. 12.152. AUTHORIZATION. In accordance with this subchapter and
Subchapter D, the State Board of Education may grant a charter on the
application of a public senior college or university for an
open-enrollment charter school to operate on the campus of the public
senior college or university or in the same county in which the campus of
the public senior college or university is located. 

_Sec. 12.153. RULES. The commissioner may adopt rules to implement this
subchapter. 

ARTICLE 3. TRANSITION PROVISIONS

The bill requires the commissioner,  no later than January 1, 2005, to
recommend to the legislature an appropriate level of funding for virtual
charter schools. 


EFFECTIVE DATE

Except as otherwise provided, upon passage, or, if the Act does not
receive the necessary vote, the Act takes effect September 1, 2003. 


COMPARISON OF ENGROSSED TO SUBSTITUTE

C.S.S.B. 933 modifies the engrossed version by adding provisions relating
to discrimination and admissions. C.S.S.B. 933 modifies the engrossed
version by  authorizing SBOE to grant a total of not more than two
charters for virtual charter schools and the combined enrollment for the
two charter schools may not exceed 8,000, rather than 2,000, students.
C.S.S.B. 933 modifies the engrossed version by deleting provisions that
require the commissioner to  establish guidelines for the reporting of and
verification of the enrollment of and instructional hours completed by
each student enrolled in a virtual charter school.  

C.S.S.B. 933 modifies the engrossed version by deleting provisions that
require the commissioner to determine the number of hours of virtual
charter school educational activities that are the equivalent of one day
of school attendance. C.S.S.B. 933 modifies the engrossed version by
deleting provisions that the level of funding must reflect the school's
actual cost of efficiently providing a student with educational services.
C.S.S.B. 933 modifies the engrossed version by deleting provisions that
require the commissioner to provide different levels of funding as
necessary to reflect the costs of different instructional arrangements.  

C.S.S.B. 933 modifies the engrossed version by authorizing the
commissioner to grant a wavier from certain assessment instrument
requirements on a student-by-student basis. 

C.S.S.B. 933 modifies the engrossed version by altering the information of
the report the commissioner is required  to submit  to the governor, the
lieutenant governor, and the speaker of the house.